Token Money for Rent
ASHISH MISHRA
(Querist) 02 August 2011
This query is : Resolved
Dear Professionals,
Please advice what legal remedies are available with me under following circumstance?
I have given Rs. 10 K (Equivalent to 1 month’s rent) as a token money to owner’s broker who has showed me the rented property on owner’s behalf. I have the original cash receipt invoice under broker’s stationery for the same. (Please note No “non-refundable” clause has mentioned in the invoice). Same day owner has acknowledged that token money has received by him form broker.
Due to some unavoidable circumstance i decided not to take that flat for rent and on same day (i.e. 3 days from giving the token money) it is duly informed to owner and his broker and also requested to return my token money after nominal deduction (Rs. 2,500/- as rent loss). After 7-10 days owner has asked Rs. 5,000/- deduction instead of Rs. 2,500/-, which I agreed. But after my follow-up owner said that your token money is still lying with his broker please co-ordinate with him and collect your balance money from him.
When I called the broker he directly refused to give balance amount claiming that Rs. 5000/- is a commission charges for showing the property.
Please share your valuable input. If any legal remedy is available I am ready to go to court. Property is located in Pune, Maharashtra.
Regards
CS Ashish B. Mishra (Pune)
09822665903
ashishmishra6@yahoo.co.in
ajay sethi
(Expert) 02 August 2011
since amount involved is only 5000/ if you go to court you will end up spending more . issue legal notice to the broker asking for refund
Adv. Sunil
(Expert) 04 August 2011
Go to Police station and register a complaint of mis appropriation of property and Cheating and also state that he mishandled and assaulted you when you asked for a refund.
Adv. Sunil
(Expert) 04 August 2011
Ashish it is clear from your wrdings that you are Hurt at this kind of behaviour of a Broker and that you are ready tio go court also means that yuou want to teach him a lesson so that he never ever repeat the same act with any other person. Thus i will suggest you the remedy as afore said remedy.
@Mr. Ajay Sethi - Money is always not prime, an attitude of Person resulting into gr8 hardship is the one which exagerate a person to such an extent where meeting of fair Justice is felt more important that the money involved therein.
